No member of the Central Planning Board or Board of Adjustment shall act on any matter in which he/she has either directly or indirectly any personal or financial interest. Whenever any such member shall disqualify himself/herself from acting on a particular matter, he/she shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto. (R.O. 1966 C.S. § 16A:3-1)
a. Meetings of both the Central Planning Board and Board of Adjustment shall be held as scheduled unless canceled for lack of applications for development to process.
b. Special meetings may be provided for at the call of the chairperson or on the request of any two (2) board members and shall be held on notice to its members and the public in accordance with all applicable legal requirements.
c. No action shall be taken at any meeting without a quorum being present.
d. All actions shall be taken by majority vote of the members present at the meeting except as otherwise required by any provision of N.J.S. 40:55D-1 et seq.
e. Failure of a motion to receive the numbers of votes required to approve an application for development pursuant to the exceptional vote requirements of N.J.S. 40:55D-34 and N.J.S. 40:55D-70d shall be deemed an action denying the application.
f. All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Act (C. 10:4-6 et seq.)
(R.O. 1966 C.S. § 16A:3-2)
a. The applicant shall obtain all necessary forms from the Zoning Officer who shall inform the applicant of the procedures to be followed in filing an application for development and advise the applicant which Board has jurisdiction over the application. The applicant shall provide such information as the Zoning Officer deems necessary in order to render a determination as to the type of application required. At the time of filing the application but in no event less than ten (10) days prior to the date set for hearing, the applicant shall also file all sketch plats, plot plans, maps or other papers required by virtue of any provision of this section or any rule of the Central Planning Board or the Board of Adjustment.
b. An application for development shall be complete for purposes of commencing the applicable time period for action by the Central Planning Board or Board of Adjustment when so certified by the Board or its authorized committee or designee. In the event that the agency, committee or designee does not certify the application to be complete within forty-five (45) days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five (45) day period for purposes of commencing the applicable time period unless 1. the application lacks information indicated on a checklist adopted by ordinance and provided to the applicant and 2. the Board or its authorized committee or designee has notified the applicant in writing, of the deficiencies in the application within forty-five (45) days of submission of the application.
c. The applicant may request that one (1) or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within forty-five (45) days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he/she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Board.
Provided however, no application shall be accepted or considered by either Board where the following exists:
1. The building or premises is presently in violation of the City of Newark Land Use, Building Code and Zoning regulations, or any other pertinent use regulations of the City.
2. Outstanding municipal charges, including but limited to taxes, water and sewer or assessments for local improvements; or
3. The property is subject to the jurisdiction of the bankruptcy courts.
d. All applicants for permits pertaining to designated historic sites or improvements in designated historic districts shall be referred to the Newark Landmarks and Historic Preservation Commission (the Commission) for a written report and decision on the application of the provisions of the Newark Landmarks and Historic Preservation Ordinance. (Title XL, Chapter 9, Section 40:9 et seq.) thereto; except that it is not necessary to refer applications to the Commission that wholly concern:
1. Changes to the interior or structures; or
2. Changes not visible to the public from a public street.
(R.O. 1966 C.S. § 16A:3-3; Ord. 6 S+FC, 12-3-92)
Minutes of every regular or special meeting of the Central Planning Board or the Board of Adjustment shall be kept and shall include the names of the persons appearing and addressing the boards and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes of each Board shall thereafter be made available for public inspection during normal business hours at the office of the secretary of the Board. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. (R.O. 1966 C.S. § 16A:3-4)
a. Rules. The Central Planning Board and Board of Adjustment shall make rules governing the conduct of hearings.
b. Oaths. The officer presiding at the hearing or such other person as may be designated shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law (C. 2A:67A-1 et seq.) shall apply.
c. Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
d. Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
e. Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means at the applicant's expense. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his/her expense.
(R.O. 1966 C.S. § 16A:3-5)
Whenever a hearing is required on an application for development pursuant to N.J.S. 40:55D-1 et seq., or pursuant to the determination of the Board having jurisdiction over the matter, the secretary of the Board or the applicant shall give notice thereof at the applicant's expense as follows:
a. Public notice shall be given by publication in a newspaper of general circulation in the municipality at least ten (10) days prior to the date of the hearing.
b. Notice shall be given to the owners of all real property as shown on the current tax duplicate located within two hundred (200) feet in all directions of the property which is the subject of such hearing and whether located within or without the municipality in which applicant's land is located; provided that this requirement shall be deemed satisfied by notice to the 1. condominium association, in the case of any unit owner whose unit has a unit above or below it, or 2. horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Such notice shall be given by: (a) serving a copy thereof on the owner as shown on the current tax duplicate and most recent records of the tax surveyor in the office of assessment, or on his/her agent in charge of the property, or (b) mailing a copy thereof by certified mail to the property owner at his/her address as shown on the current tax duplicate and tax surveyor's records. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within two hundred (200) feet of the property which is the subject of the hearing may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common elements or areas. Notice shall also be given by the applicant to tenants of all residential properties of more than four (4) units by posting such notice in a prominent place in a lobby or hallway of the building.
c. Notice of all hearings on applications for development involving property located within two hundred (200) feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Section 37:3-6b. above to the owners of lands in such adjoining municipality which are located within two hundred (200) feet of the subject premises.
d. Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing County road or proposed road shown on the official County map or on the County master plan, adjoining other County land or situated within two hundred (200) feet of a municipal boundary.
e. Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a State highway.
f. Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds one hundred fifty (150) acres or five hundred (500) dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Central Planning Board or Board of Adjustment pursuant to N.J.S. 40:55D-10(b).
g. All notices hereinabove specified in this section shall be given at least ten (10) days prior to the date fixed for hearing and the person giving notice shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
h. Any notice made by certified mail as hereinabove required shall be deemed complete upon mailing in accordance with the provisions of N.J.S. 40:55D-14.
i. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the municipal Tax Assessor's Office and the location and times at which any maps and documents for which approval is sought are available as required by law.
j. Notice pursuant to paragraphs c, d, e and f. above shall not be deemed to be required, unless public notice pursuant to paragraph a. and notice pursuant to paragraph b. are required.
(R.O. 1966 C.S. § 16A:3-6)
Pursuant to the provisions of N.J.S. 40:55D-12(c), the municipal Tax Assessor shall within seven (7) days after receipt of a request therefor and upon receipt of payment of a fee of ten ($10.00) dollars or twenty-five ($0.25) cents per name, whichever is greater, make and certify a list from the current tax duplicate of names and addresses of owners to whom notice must be given pursuant to subsection 37:3-6b. (R.O. 1966 C.S. § 16A:3-7)
a. The Board shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The Board shall provide the findings and conclusions through:
1. A resolution adopted at a meeting held within the time period in N.J.S. 40:55D-1 et seq. for action by the Board on the application for development; or
2. A memorializing resolution adopted pursuant to N.J.S. 40:55D-10(g) at a meeting held not later than forty-five (45) days after the date of the meeting at which the Board voted to grant or deny approval.
b. A copy of the decision shall be mailed by the Board within ten (10) days of the date of decision to the applicant, or if represented then to his/her attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the prescribed fee for such service. A copy of the decision shall be filed in the office of the secretary of the Central Planning Board, where it shall be made available for public inspection during reasonable hours.
c. A brief notice of the decision shall be published in a newspaper of general circulation in the municipality. Such publication shall be arranged by the secretary of the Central Planning Board or Board of Adjustment, as the case may be, without separate charge to the applicant. The notice shall be sent to the newspaper for publication within ten (10) days of the date of any such decision.
(R.O. 1966 C.S. § 16A:3-8)
Pursuant to the provisions of N.J.S. 40:55D-39 and N.J.S. 40:55D-65, every application for development submitted to the Central Planning Board or the Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or, if it is shown that taxes or assessments are delinquent on the property, any approvals or other relief granted by either Board shall be conditioned upon either the prompt payment of such taxes or assessments, or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected. (R.O. 1966 C.S. § 16A:3-9)
Each Board shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this title. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S. 2A:67A-1 et seq.) shall apply. (R.O. 1966 C.S. § 16A:3-10)
The following fees shall be charged for services of the boards or their administrative staffs and for copies of documents:
a. Review of Applications:
1. Minor subdivision . . . $50.00
2. Major subdivision. . . . as set forth in subdivision ordinance
4. Planned development, under 10 acres . . . . 150.00
5. Planned development, over 10 acres . . . . 200.00
6. Conditional use . . . . 150.00
7. Direction for issuance of a permit . . . . 150.00
b. Copies of Documents:
1. Rules and regulations of each Board . . . . 1.00
2. Minutes of regular and special meetings of the Board . . . . 2.50
3. Decision of Board. . . . 1.00
4. Decision of the Municipal Council . . . . 1.00
c. Certified list of names and addresses
of owners of property located within 200 feet of property which is the subject of a hearing . . . 10.00 or $0.25 per name, whichever is greater
d. Certificate certifying approval of a subdivision application. . . . . 3.00
In addition, an applicant shall pay any and all costs of the publication of notice of a hearing on an application before the Board of Adjustment or the Central Planning Board and for a verbatim recording of the proceedings. Any interested party who requests a transcript or duplicate recording of proceedings before a Board shall pay the cost thereof except that the Board of Adjustment and the Central Planning Board shall provide free of charge to any property owner or tenant within two hundred (200) feet in all directions of the property which is the subject of such proceedings any transcript necessary for appeal to the Municipal Council pursuant to N.J.S. 40:55D-17.
(R.O. 1966 C.S. § 16A:3-11)
The Central Planning Board and the Board of Adjustment shall and are hereby required to notify the Municipal Council of any and all applications for zoning changes and variances within one (1) week of receiving a completed application. (Ord. 6 S+FG, 10-17-90)
